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(영문) 부산지방법원 2016.08.11 2016노1831

특수협박등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of the instant crime and the reflection of the mistake and the agreement with the victim.

However, the crime of this case is committed against the victim who had a relation with the victim, and it is very good that the crime of this case was committed by intimidation against the victim's residence, which is a dangerous object by intrusion upon the victim's residence, and the defendant took body against the victim's will, used it, committed the crime of this case against another woman who had been punished for the crime of intimidation, even though there was a record of punishment of the crime of intimidation, and the crime of this case was committed immediately after the crime of this case was committed, and there is no good condition after the crime was committed (the suspension of indictment was imposed for intrusion upon the residence and theft in this part), and other various sentencing conditions such as the defendant's age, sexual conduct, means and method of the crime, and circumstances after the crime were committed, it cannot be deemed unfair because the punishment imposed by the court below is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.